Questions raised after woman accused of selling fatal drug dose released from prison

Questions raised after woman accused of selling fatal drug dose released from prison

Heather Flattery released after serving earlier sentence

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Updated: 6:35 PM EDT Jun 5, 2017

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WEBVTT PROSECUTORS SAY SHE HAS VIOLATEDHER BAIL CONDITIONS IN SEVERALWAYS.ACCORDING TO PROSECUTORS,HEATHER FLATTERY SOLD A DEADLYDOSE OF FENTANYL IN FEBRUARY2016.SHE WAS ARRESTED IN NEVADA ANDBROUGHT BACK TO NEW HAMPSHIRE.IN JANUARY OF THIS YEAR, HERBAIL WAS SET AT $500,000 AND SHEWAS SENT TO THE STATE WOMEN'SPRISON.AT THE TIME, SHE WAS OUT ONPAROLE FOR A PRIOR DRUGCONVICTION.THE STATE PRISON SAYS FLATTERYFINISHED HER OLD SENTENCE INAPRIL AND WAS RELEASED ONPAROLE, SOMETHING PROSECUTORSSAY WASN'T SUPPOSED TO HAPPENUNLESS SHE POSTED BAIL ON HERCURRENT CHARGE.>> SHE KNEW FULL WELL THAT BULL-- BAIL WAS NOT POSTED.THAT WARNS REVOCATION OF HERBAIL -- THAT WARRANTSREVOCATION OF HER BAIL.KRISTEN: PROSECUTORS ALSO SAYSHE WAS RECENTLY FOUND IN AHOOKSETT MOTEL ROOMUNRESPONSIVE, ALTHOUGH NO DRUGPARAPHELNIA WAS FOUND.OFFICERS ADMINISTERED NARCAN ANDBELIEVE SHE OVERDOSED ON ILLEGALDRUGS, VIOLATING BAILCONDITIONS.>> HIS OBSERVATIONS WERE THATSHE HAD A HARD TIME BREATHINGAND THAT SHE WAS UNCONSCIOUS.THAT IS IT.THERE ARE NO OTHER OBSERVATIONSHE MADE CONSISTENT WITH OVERDOSEON ILLEGAL SUBSTANCES.KRISTEN: THE JUDGE ENDED UPREVOKING FLATTERY'S BAIL FORSEVERAL REASONS.>> IN MY ORDER, I RULED THATTHERE HAD TO BE A HEARING BEFOREA RELEASE.NEITHER OF THOSE CIRCUMSTANCESHAVE HAPPENED.KRISTEN: THE DEPARTMENT OFCORRECTIONS TELLS US THEY DO NOTIMPOSE BAIL.AT THIS TIME IT IS UNCLEAR WHY

Questions raised after woman accused of selling fatal drug dose released from prison

A Manchester woman accused of selling a deadly dose of fentanyl is heading back to prison, but there are questions about why she was released from custody earlier this year.

Heather Flattery is being held on $500,000 bail as she awaits trial. Prosecutors said she violated her bail conditions in several ways.

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According to prosecutors, Flattery sold a deadly dose of fentanyl in February 2016. She was arrested in Nevada and brought back to New Hampshire.

In January, her bail was set at $500,000, and she was sent to the state women's prison because, at the time, she was out on parole for an earlier drug conviction.

The state prison said Flattery finished her old sentence in April and was released on parole, something prosecutors said wasn't supposed to happen unless she posted bail on her current charge.

"She cannot abide by bail conditions, knowing full well she took off knowing that the bail had not been posted, so I think that is another aggravating factor that warrants revocation of her bail, your honor," Assistant Hillsborough County Attorney Brett Harper said during a bail hearing Monday.

Prosecutors also said Flattery was recently found unresponsive in a Hooksett motel room, although no drug paraphernalia was found. Officers administered Narcan and believe she overdosed on illegal drugs, which would violate bail conditions.

"His observations were that she had a hard time breathing and that she was unconscious," public defender Todd Russell said. "That is it. There are no other observations that he made that are consistent with an overdose of illegal substances."

The judge revoked Flattery's bail for several reasons.

"I did set bail at $500,000 cash or surety, and in my order, ruled that there had to be a Nebbia hearing prior to her release, and neither of those circumstances happened," Judge John Kissinger said.

A Nebbia hearing is a hearing that requires a defendant to prove that money provided for bail comes from a legitimate source.

The Department of Corrections said it does not impose bail, and at this time, it is unclear why Flattery was released.